Failure to follow set precedent

[Deltic Bouy]

If a precedent with regard to how a matter put before a court should be considered but a Judge chooses not to follow such precedent, how would one deal with such a matter and with whom?

[Law Student 3]

There is an appeal process that you can follow but only if you have legal grounds, this could be because the legal procedure was not followed correctly or there was a serious mistake. Unfortunately you cannot appeal a case because you disagree with the decision. When appealing a decision it is advised that you get legal advice because potentially complicated legal points will need to be put forward to the court. The process can be lengthy and time consuming. If you are comfortable, would you mind providing more detail with why you believe the precedent was not followed?

[Deltic Bouy]

The precedent may to some seem pointless pursuing but the point is that there is given precedence on this point which has been previously tested and ratified in court. The precedence being that in law a Dog is considered a chattel of the home and should not be removed from the family home without agreement.
In this case the county court went down the line of allowing the Dog to reside with my Ex who left the marital home taking the dog saying that there should be shared time, in effect dealing with it like the child of the family. I appreciate that seems like a fair resolution however my Ex failed to comply with the shared time that was agreed through mediation.
On taking this back to court the Judge then reduced the amount of contact time but made this a court order. However my Ex totally disregarded this order and reporting this failure to the court the response from the Judge was to speak to a solicitor.
I appreciate some may see this as a frivolous issue and not worth wasting the courts time with, however I believe in the need for justice to be effective then where there is a precedence laid down then when court fails and indeed refuses to follow this despite this having been raised and laid out to the court in the initial submission then it would seem that Justice is being allowed to be interpreted and varied giving different outcomes for different applicants and thus fails to be consistent which I would suggest is unfair and leads to little faith in the justice system

[Law Student 3]

Please correct me if I am wrong but from what you have mentioned, there is a court order that states your dog should spend shared time between yourself and your ex. The main issue is that your ex is not complying with this order? Please be reassured that if an order has been made, it is in the courts interest on behalf of the parties involved, to see that it is complied with regardless of its content or value, as contempt of court is a serious offence. One option could be to attempt mediation again to resolve why your ex is not complying with the order. There is a form called a C79 form that can be completed, which is an application to the court to enforce a court order. From my research, this is mainly used for child arrangement orders but I am not sure if it would also apply to chattels, such as a pet. Would anyone in the Legal Beagle community be able to assist with this please?